Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

GARY PETERSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

BLUE, Judge.

Gary Peterson contends his conviction for second-degree murder must be reversed because the trial court failed to instruct the jury on third-degree felony murder allegedly arising out of an aggravated assault. There was evidence which would support third-degree murder and therefore, it was error to refuse to give the instruction. See Herrington v. State, 538 So.2d 850, 851 (Fla. 1989) ("[I]n the case of degree crimes, requested instructions on all lesser degrees that are supported by the evidence must be given regardless of the allegations of the charging document."). We find no merit in the remaining issue raised by Peterson.

Accordingly, we reverse Peterson's conviction and remand for a new trial.

RYDER, A.C.J., and LAZZARA, J., concur.

Use AI to get other relevant cases.

Comments

PETERSON v. STATE
(Sep 19, 1994)